If a person is injured in an accident that was the result of another’s negligence, they are entitled to make a personal injury compensation claim. Personal injury compensation is intended to compensate the injured party for a number of things including the pain and suffering endured as a result of the injury, the loss of earnings, and costs incurred as a result of the accident. These costs can include the cost of medical care, alternative transport, and rehabilitation. If a claimant is successful in their personal injury compensation claim, their legal costs can be recovered from the other side. Personal injury solicitors can advise on how to proceed with any claim for personal injury.
In order to determine if legal costs can be claimed from the other side, an injured person is advised to contact a personal injury solicitor. The personal injury solicitor can assess their claim, and advise them on their chance of success. In addition, the personal injury solicitor will outline their fee arrangement and explain what fees would be payable by the injured party in the event of success or failure of their claim.
Many personal injury solicitors offer a no-win, no-fee or conditional fee arrangements for personal injury compensation claims. A no-win, no-fee arrangement purports to not charge the injured party any legal fees if their claim is unsuccessful. However, this offer has to be seen within the context that personal injury solicitors offering no-win, no-fee arrangements rarely take on claims that do not have a reasonable or high chance of success.
In addition, most no-win, no-fee arrangements claim to recover their fee from the other side if the claim is successful. Therefore, the claimant is promised 100% of their compensation. No-win, no-fee arrangements can have hidden costs and therefore, an injured party is advised to consider all the small print of the agreement before agreeing to it.
If the personal injury compensation claim cannot be settled out of court, a personal injury solicitor may recommend commencing negligence proceedings in court. If the claim proceeds to court, the court then becomes responsible for deciding who will pay the legal costs of the successful party. The general rule is for ‘costs to follow the event’. This means the unsuccessful party must pay the successful party’s legal costs. However, the court has the discretion to decide differently if they think it is appropriate based on the parties’ behaviour throughout the proceedings. A personal injury lawyer can advise on this point of personal injury law.
- Last Updated on 29/08/2011
